The Aquatic Animal Health (Scotland) Regulations 2009

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Interpretation

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3.—(1) In these Regulations–

[F1“Commission Decision 2009/177/EC” means Commission Decision 2009/177/EC implementing Council Directive 2006/88/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments;]

[F2“the competent authority” has the meaning given in regulation 3A;]

[F3“Decision 2015/1554” means Commission Implementing Decision (EU) 2015/1554 laying down rules for the application of Directive 2006/88/EC as regards requirements for surveillance and diagnostic methods;]

F4...

F5...

“Directive 2006/88/EC” means Council Directive 2006/88/EC M1 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals, as amended from time to time [F6, but subject to regulations 3(4), 13(7) and (8), 18(7) and 24(4)];

“inspector” means any person authorised by the competent authority to be an inspector for the purposes of these Regulations;

“listed disease” means–

(a)

a disease listed in the second column of [F7Annex 1A to Regulation (EC) No. 1251/2008]; or

(b)

a disease listed in F8... Schedule 1 to these Regulations;

“non-commercial installation” means any aquaculture production business in which aquatic animals are kept with no intention of placing them on the market;

“operator”, in relation to an aquaculture production business, a specialist transport business, a processing establishment, a non-commercial installation or a put and take fishery, means any person who is responsible for the management of that business, establishment, installation or fishery;

[F9“processing establishment” means any food business which is approved for processing aquaculture animals for food purposes in accordance with Article 4 of Regulation (EC) No 853/2004 and which may, when granted an authorisation under regulation 7, slaughter aquaculture animals for disease control purposes in accordance with Article 33 of Chapter V of Directive 2006/88/EC; which aquaculture animals—

(a)

are the subject of a notice; or

(b)

come from an area, farm or mollusc farming area which is the subject of a notice,

under Part 4 of these Regulations, or of any provision in any Regulations made in relation to England, Wales or Northern Ireland which has equivalent effect to that Part; and]

[F10“Regulation (EC) No 853/2004” means Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p.55), as amended from time to time;]

“Regulation (EC) No. 1251/2008” means Commission Regulation (EC) No. 1251/2008 M2 on implementing Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species, as amended from time to time;

“Scotland” includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland; and

“specialist transport business” means a business or undertaking which wholly or mainly transports live aquaculture animals in means of transport specially designed or adapted for that purpose.

(2) Any expression used in these Regulations which is also used in Directive 2006/88/EC (except for the definitions of “operator” and “processing establishment” in paragraph (1) and “wild aquatic animal” in regulation 18(5)) has the meaning it bears in that Directive.

(3) Schedule 1 [F11(list of diseases F12...)] has effect.

[F13(4) In the definition of “processing establishment” in paragraph (1), the reference to Article 33 of Chapter V of Directive 2006/88/EC is to be read in accordance with paragraph 1A of schedule 1E of these Regulations.]

Textual Amendments

F1Words in reg. 3(1) inserted (31.12.2020) by The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/393), regs. 1(3), 3(2)(a)(i)

F2Words in reg. 3(1) substituted (31.12.2020 immediately before IP completion day) by The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/393), regs. 1(2), 2(2)(a)

F3Words in reg. 3(1) inserted (31.12.2020) by The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/393), regs. 1(3), 3(2)(a)(ii)

F4Words in reg. 3(1) omitted (27.5.2011) by virtue of The Aquatic Animal Health (Scotland) Amendment Regulations 2011 (S.S.I. 2011/259), regs. 1, 2(2)

F5Words in reg. 3(1) omitted (31.12.2020 immediately before IP completion day) by virtue of The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/393), regs. 1(2), 2(2)(b)

F6Words in reg. 3(1) inserted (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 16(2)

F7Words in reg. 3(1) substituted (31.12.2020) by The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/393), regs. 1(3), 3(2)(a)(iii)

F8Words in reg. 3(1) omitted (15.8.2022) by virtue of The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 8(2)(a)

F9Words in reg. 3(1) substituted (2.12.2011) by The Aquatic Animal Health (Miscellaneous Modifications) (Scotland) Regulations 2011 (S.S.I. 2011/427), regs. 1(1), 2(2)(a)

F10Words in reg. 3(1) inserted (2.12.2011) by The Aquatic Animal Health (Miscellaneous Modifications) (Scotland) Regulations 2011 (S.S.I. 2011/427), regs. 1(1), 2(2)(b)

F11Words in reg. 3(3) substituted (31.12.2020) by The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/393), regs. 1(3), 3(2)(b)